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Dispute Settlement Body 17 April 2002

Dispute Settlement Body establishes panels on Telmex and on poultry

At its meeting on 17 April 2002, the DSB agreed to establish panels on Mexico's measures affecting telecommunications services and on Argentina's definitive anti-dumping duties on poultry from Brazil.

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This summary has been prepared by the WTO Secretariats Information and Media Relations Division to help public understanding about developments in WTO disputes. It is not a legal interpretation of the issues, and it is not intended as a complete account of the issues. These can be found in the reports themselves and in the minutes of the Dispute Settlement Bodys meetings.

At the start of the meeting, India requested the deletion of item European Communities Anti-dumping duties on imports of cotton-type bed linen from India: Recourse to Article 21.5 of the DSU by India: request for establishment of a panel (DS141) following an exchange of communications with the European Communities.

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Implementation of the recommendations of the DSB b

DS160:  United States Section 110(5) of the US copyright act

The United States reported to the DSB that they had been engaged in discussions with the EC to find a positive and mutually acceptable resolution of the dispute. The US reminded the DSB that arbitration on the suspension of concessions had been suspended at the joint request of the parties.

The EC complained that the US had made no progress towards compliance and said they hoped to get more information next time.

Australia registered its concern about a possibly discriminatory compensation arrangement.

DS136: United States Antidumping act of 1916

The US said that on 20 December 2001, legislation to repeal the 1916 Act had been introduced in the US Congress. The US added that it was continuing to work with the EC and Japan to reach a mutually satisfactory resolution.

The EC said that it had agreed to suspend arbitration so as to give Congress the necessary time. The EC noted however that once again the US Congress had made no progress and said that this lack of compliance was worrying.


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Request for the establishment of panels b

DS204: Mexico Measures affecting telecommunication services

The US requested for the second time the establishment of a panel, saying that Mexico had failed to implement its GATS commitments for cross-border telecommunication services.

Mexico argued that the US request was unclear and contained several procedural errors. Mexico said it was surprised that the US continued to ask for a panel when Telfonos de Mxico and two large US telecommunication companies had reached an agreement.

The DSB agreed to establish a panel. The EC, Canada, Cuba, Japan, Guatemala and Nicaragua requested to be third parties.

DS241: Argentina Definitive anti-dumping duties on poultry from Brazil

Brazil reiterated its request for a panel. It complained that the situation had not evolved since its first request on 8 March and that the anti-dumping duties applied by Argentina were inconsistent with WTO Agreements. Brazil said that the measures had been in force for almost two years and had significantly impacted upon Brazil's exports.

Argentina said that its measures were WTO consistent.

The DSB agreed to establish a panel. The EC, Paraguay, the US and Guatemala requested to be third parties.

DS244: United States Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat products from Japan

Japan requested the establishment of a panel for the first time.

The US said that its sunset review regime complied fully with their WTO obligations and that they could not agree to the establishment of a panel at this time.


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Other business b

DS202: United States Definitive safeguard measures on imports of circular welded carbon quality line pipe from Korea

Korea reminded the DSB that the Appellate Body report had been adopted on 8 March 2002 and that the United States had yet to offer a reasonable period of time to implement the recommendations and rulings.

The US said that it was in contact with Korea and would give it a response within a few days.

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Next meeting

The next regular meeting of the DSB is scheduled for 22 May 2002.

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